indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Senate measure introduced to fix Carcieri land-into-trust ruling

Filed Under: Law | Politics | Trust
More on: 113th, alaska, ira, jerry moran, jon tester, land-into-trust, mark begich, scia, senate, supreme court
   

A bipartisan group of lawmakers in the Senate introduced a bill to fix the U.S. Supreme Court decision in Carcieri v. Salazar.

S.2188 amends the Indian Reorganization Act to ensure that all tribes can follow the land-into-trust process. It replaces a troublesome phrase -- "now under federal jurisdiction" -- with "any federally recognized Indian tribe" to cover all tribes, regardless of the date of federal recognition.

“The Carcieri decision is crippling a key component of tribal sovereignty and economic viability while setting the stage for harmful court cases where only lawyers win,” Sen. Jon Tester (D-Montana), the chairman of the Senate Indian Affairs Committee, said in a press release. “We need to come together, work across party lines, and solve this problem. This is a difficult issue, but we cannot hold these sovereign nations hostage to a decision that creates two classes of tribes and stalls economic development across Indian Country.”

The bill applies to all tribes, including those in Alaska, an issue of contention in the past. Sen. Mark Begich (D-Alaska), the state's senior Senator, told the National Congress of American Indians last month that he would not try to exclude tribes in Alaska.

The bill also ensures that all prior land-into-trust acquisitions are legal. The issue has come up in Big Lagoon Rancheria v. California, a case involving the Big Lagoon Rancheria that's being closely watched across Indian Country.

“It is unjust for there to be two classes of Indians created by the Carcieri v. Salazar decision -- those tribes federally recognized in 1934 and those recognized after,” Sen. Jerry Moran (R-Kansas) said in the press release. “Tribes should no longer shoulder the burden of lawsuits and uncertainty that hinder their prosperity. The Secretary of Interior’s authority to take land into trust for all tribes is essential for economic development.”

The text of the bill follows:
S. 2188

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REAFFIRMATION OF AUTHORITY.

(a) Modification.--

(1) IN GENERAL.--The first sentence of section 19 of the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 479), is amended--

(A) by striking ``The term'' and inserting ``Effective beginning on June 18, 1934, the term''; and

(B) by striking ``any recognized Indian tribe now under Federal jurisdiction'' and inserting ``any federally recognized Indian tribe''.

(2) EFFECTIVE DATE.--The amendments made by paragraph (1) shall take effect as if included in the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 479), on the date of enactment of that Act.

(b) Ratification and Confirmation of Actions.--Any action taken by the Secretary of the Interior pursuant to the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.), for any Indian tribe that was federally recognized on the date of that action is ratified and confirmed, to the extent such action is subjected to challenge based on whether the Indian tribe was federally recognized or under Federal jurisdiction on June 18, 1934, as if the action had, by prior Act of Congress, been specifically authorized and directed.

(c) Effect on Other Laws.--

(1) IN GENERAL.--Nothing in this section or the amendments made by this section shall affect--

(A) the application or effect of any Federal law other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended by subsection (a); or

(B) any limitation on the authority of the Secretary of the Interior under any Federal law or regulation other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as so amended.

(2) REFERENCES IN OTHER LAWS.--An express reference to the Act of June 18, 1934 (25 U.S.C. 461 et seq.), contained in any other Federal law shall be considered to be a reference to that Act as amended by subsection (a).

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

Related Stories:
Law Article: DOI takes diligent approach with land-into-trust (03/19)
DOI addresses Carcieri land-into-trust case with legal opinion (3/13)


Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala Sioux Tribe gears up for uranium battle (8/20)
Eyapaha Today: J. Waylon Miller leads Friends of Cesar Romero (8/20)
Sandra Fox: Fixing the education system for our Indian children (8/20)
Albert Bender: US-backed genocide in Guatemalan spurs exodus (8/20)
Mark Rogers: One more day with post-traumatic stress disorder (8/20)
St. Regis Mohawk Tribe gains support for land claim agreement (8/20)
Delaware Tribe to discuss plans for land with officials in Kansas (8/20)
Wind River Reservation students enjoy back-to-school haircuts (8/20)
Review: Native man serves as anti-hero in 'Winter In The Blood' (8/20)
Governor pressed on Menominee Nation off-reservation casino (8/20)
Group seeks referendum on Tohono O'odham Nation casino deal (8/20)
Lawmakers approve Class III gaming compact with Karuk Tribe (8/20)
Enterprise Rancheria awaits action on Class III gaming compact (8/20)
Wampanoag casino opponents hope to catch Obama's attention (8/20)
Opinion: Tribal gaming creates short term and long term benefits (8/20)
Native Sun News: Oglala man's business dealings under scrutiny (8/19)
Mark Trahant: Behind the scenes of Obamacare in Indian Country (8/19)
Peter d'Errico: Book told from perspective of the colonial invaders (8/19)
Brian Pierson: Recent federal court decisions affecting Indian law (8/19)
Opinion: Elder of Wukchumni Tribe working to keep language alive (8/19)
Large crowd turns out to denounce supremacist group's activities (8/19)
Oglala Sioux Tribe suspends officer who repeatedly used stun gun (8/19)
Alaska Native man being treated after being shot by police officer (8/19)
Another guilty plea comes in Chippewa Cree Tribe corruption case (8/19)
Leader of Muscogee Nation goes on trial in theft case next month (8/19)
Court in California won't let Choctaw girl be placed with relatives (8/19)
Tribes hail Oregon decision to deny permit for coal export project (8/19)
Al Jazeera: State struggles with Native language voting material (8/19)
NPR: Osage Nation disputes wind development on mineral estate (8/19)
Chickasaw Nation sell new blend of coffee made from chocolate (8/19)
Activists won't sue over school's Warriors mascot in Minnesota (8/19)
Broadcasters won't use racist mascot of Washington NFL team (8/19)
NIGA to hold mid-year conference at Chickasaw Nation casino (8/19)
Court won't allow former casino workers to sue Morongo Band (8/19)
Official from wine group likens a tribal casino to 'foreign nation' (8/19)
MPR: City pushes for casino amid battle with Fond du Lac Band (8/19)
Editorial: Karuk Tribe casino poses competition to Coquille Tribe (8/19)
Tim Giago: Media was well represented at Wounded Knee 1973 (8/18)
Native Sun News: GOP candidate rejects Senate debate at UTTC (8/18)
Clara Caufield: A Cheyenne Voice celebrates another milestone (8/18)
US House candidate John Lewis proud of Warm Springs heritage (8/18)
Aaron Payment: Story missed the boat on Soo Tribe gaming bid (8/18)
Michael Baines: Stop fighting land decision for Alaska Natives (8/18)
Albert Bender: Fair treatment needed for indigenous migrants (8/18)
John Christian Hopkins: How I became a writer at a young age (8/18)
Neil Young and Willie Nelson stage anti-Keystone benefit show (8/18)
Authorities in Manitoba probe murder of 15-year-old Native girl (8/18)
Judge dismisses case against Fort Peck Tribes housing official (8/18)
Museum in Germany balks at repatriating scalps to tribes in US (8/18)
Hundreds mourn death of six-year-old girl from Nooksack Tribe (8/18)
Indian residents of city in Montana upset by supremacist fliers (8/18)
Opinion: Tribes need greater control of justice on reservations (8/18)
KGOU: Cherokee man creates living map of indigenous nations (8/18)
Alaska Natives look to Obamacare to cover IHS budget shortfall (8/18)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.